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(Mahr) in Islam

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(Mahr) in Islam IOSR Journal Of Humanities And Social Science (IOSR-JHSS) Volume 21, Issue 7, Ver. V (July. 2016) PP 86-91 e-ISSN: 2279-0837, p-ISSN: 2279-0845. www.iosrjournals.org A Critical Analysis of Dower (Mahr) in Islam Syed Sahid Ahammad Assistant Professor, Department of Islamic Studies, Uttara University, Dhaka, Bangladesh Abstract: Mahr is undoubtedly a significant subject matter for the Muslim society. It is a sum of money or property on which the wife is entitled to receive from her husband in consideration of their marriage. The religion of Islam has maintained a balance in the society between men and women by giving its unequivocal endorsement to a practical division of responsibilities, whereby women are placed in charge of the domestic management of the household, while men are responsible for the maintenance of its victuals and livelihood in a matrimonial family. In this article, an investigation of the real philosophy of mahr has been highlighted to make physical and mental differences between men and women in the practice of discharging their respective familial responsibilities in the internal and external domestic spheres. Keywords: Mahr, the Qur’an, the Sunnah, Philosophy, Islam I. INTRODUCTION The mahr is meant to offer the bride a financial security within and after the marriage. It is a divine order by the Almighty Allah. The giving of mahr to the bride is an important and mandatory part of the Islamic terms of marriage.1 The amount of mahr is not legally specified, however, a moderation in tandem with the existing social model is strongly recommended. According the Islamic rules, the mahr may be paid earlier to the bride as soon as possible at the time of marriage or deferred2 to a later date or a compromise of both. َفئِ ْن ِط ْب َه ٌَ ُى ْم َع ْه َش ْٓ ٍء ِم ْىًُ وَ ْف ًسب َف ُىٍُُيُ ٌَىِٕئًب َم ِشٔئًب At the time of marriage ,give the women their dowries willingly as an obligation) ; but if they , by their own free will, give up to you a portion of it then you may enjoy it with pleasure.3 And a marriage ceremony willing consent to enter into marriage and the ( إٔدبة - means that one nuptial party proposes the ‘Ijab’ (proposal of the responsibility at the time of marriage ceremony. The (لبُي- other party expresses ‘Qabul’ (acceptance ’’Hebrew mohar, ‘bridal gift’ originally ‘‘purchase-money .(مٍش) word mahr is derived from the Arabic word which properly means ‘‘friendship’’ then ‘‘present’’ a gift given as a result of a marriage contract, as according to the Muslim law, the gift which the bridegroom has to give to the bride when the contract of marriage is made and which becomes the property of the wife.4 al-nihlah ,(اٌصذلت) la - saduqah ,(اٌصذاق) In the Holy Qur’an, it has also been referred to as al-sadaq It is a pre-requisite for a marriage as mentioned .(اٌعمذ) and al-‘aqd (اٌفشدة) al-faridah ,(اٌعدش) al-ajr ,(اٌىسٍت) throughout the Qur’an. The woman may choose to willingly forfeit anything as a reciprocity of the believing man who must offer the dowry with sincere intentions. In the Islamic Law, mahr is a gift from the husband to his bride at the time of marriage. The terms ‘dowry’5 and bride gift are sometimes used to translate mahr. In Islamic marriages, such assets brought into the union by the wife may only be accepted by the husband after the mahr has been paid by him to her. In the event that the marriage of the contract does not contain an exact or specified mahr, the husband must still pay the wife an equitable sum of money. The requirement of a mahr is mentioned several times in the Qur’an and as a Sunnah.6 Exponents of Islamic scholars have given many definitions of mahr which are as follows: According to the Islamic teaching in Sunnah, mahr is the amount of some monetary value to be paid by the some of which may be delayed according to what has been (عمذ اٌىىبذ) groom to the bride at the time of marriage agreed upon between the spouses. The mahr is for the bride to spend as she wishes.7 The ‘mahr’ is the payment of an agreed sum of money from the intending husband to the intended wife. It is often paid (at least partly) in advance, and should be completed at the wedding. This money belongs exclusively to the bride, and is hers to keep should her husband later divorce her. The mahr does not mean so much as a deterrent for the husband to divorce; but seeking a large ‘mahr’ is not in keeping with the principles of Islam. Neither is the paying of it to the bride's father of family leader, nor not agreeing to pay it at all. The question of ‘mahr’ should never be used as an opportunity as a means to insult a woman, or keep her ‘prisoner’, or force her to remain unmarried. (2:229, 236-7; 4:4, 19-21, 25). The bride's family should certainly not pay dowry to the husband or his family, the practices of which had been abolished by the Prophet (SAW).8 Mahr in Islamic Law refers to the gift that must be given by the husband to the wife at the time of wedding.9 DOI: 10.9790/0837-2107058691 www.iosrjournals.org 86 | Page A Critical Analysis of Dower (Mahr) in Islam According to Islamic Family Law (Federal Territories), it is stated that the mahr refers to a payment from the husband to the wife that is legally due at the solemnization ceremony, either in the form of money actually paid or recognized as a credit with or without security, or as something that, according to Islamic law, has a monetary value.10 II. MAHR IN THE HOLY QUR’AN Allah (SWT) has given a full right of a mahr to a woman as mentioned in the Qur’an. The following verses from the Holy Qur’an will, God willing, enable us to understand the word mahr as per Allah's laws. The relevant words have been highlighted for emphasis. َٔب أَُّٔ ٍَب ا ٌَّ ِزٔ َه آ َمىُُا إِرَا َخب َء ُو ُم ا ٌْ ُم ْؤ ِمىَب ُث ُم ٍَب ِخ َشا ٍث َفب ْمخَ ِسىُُ ٌُ َّه ۖ ََّّللاُ أَ ْع ٍَ ُم بِئِٔ َمبوِ ٍِ َّه ۖ َفئِ ْن َع ٍِ ْمخُ ُمُ ٌُ َّه ُم ْؤ ِمىَب ٍث َف ََل حَ ْش ِخعُُ ٌُ َّه إِ ٌَّ ا ٌْ ُى َّفب ِس ۖ ََل ٌُ َّه ِز ًٌّ ٌَ ٍُ ْم ََ ََل ٌُ ْم َٔ ِس ٍُُّ َن ٌَ ٍُ َّه ۖ ََآحُُ ٌُ ْم َمب أَ ْو َفمُُا ۚ ََ ََل ُخىَب َذ َع ٍَ ْٕ ُى ْم أَ ْن حَ ْى ِى ُسُ ٌُ َّه إِرَا آحَ ْٕخُ ُمُ ٌُ َّه أُ ُخُ َس ٌُ َّه - O you who believers! When believing women ask for asylum with you, you shall test them. Allah is fully aware of their belief. Once established that they are believers, you shall not return them to the disbelievers. They are not lawful to remain married to them, nor shall the disbelievers be allowed to marry them. Give back the mahr (dowries) that the disbelievers have paid to them. You commit no error by marrying them, so long as you pay them their due dowries.11 Allah (SWT) says, َفب ْو ِى ُسُ ٌُ َّه بِئِ ْر ِن أَ ٌْ ٍِ ٍِ َّه ََآحُُ ٌُ َّه أُ ُخُ َس ٌُ َّه بِب ٌْ َم ْع ُشَ ِو So, you shall obtain permission from their guardians before you marry them, and pay them their due mahr (dowries) equitably.12 Mahr only for the bride, Allah (SWT) says, َفآحُُ ٌُ َّه أُ ُخُ َس ٌُ َّه َف ِشٔ َضتً ََ ََل ُخىَب َذ َع ٍَ ْٕ ُى ْم فِٕ َمب حَ َشا َض ْٕخُم بِ ًِ ِمه بَ ْع ِذ ا ٌْ َف ِشٔ َض ِت إِ َّن ََّّللاَ َوب َن َع ٍِٕ ًمب َز ِىٕ ًمب So, you give them their bridal due (as) on obligation. And (there is) no sin on you concerning what you mutually agree of it (dowry) from beyond the obligation. Indeed, Allah is All-knowing, All-Wise.13 Allah (SWT) has given permission to sexual intercourses with each other by giving the mahr. َٔب أَُّٔ ٍَب ا ٌَّ ِزٔ َه آ َمىُُا إِرَا َخب َء ُو ُم ا ٌْ ُم ْؤ ِمىَب ُث ُم ٍَب ِخ َشا ٍث َفب ْمخَ ِسىُُ ٌُ َّه ۖ ََّّللاُ أَ ْع ٍَ ُم بِئِٔ َمبوِ ٍِ َّه ۖ َفئِ ْن َع ٍِ ْمخُ ُمُ ٌُ َّه ُم ْؤ ِمىَب ٍث َف ََل حَ ْش ِخعُُ ٌُ َّه إِ ٌَّ ا ٌْ ُى َّفب ِس ۖ ََل ٌُ َّه ِز ًٌّ ٌَ ٍُ ْم ََ ََل ٌُ ْم َٔ ِس ٍُُّ َن ٌَ ٍُ َّه ۖ ََآحُُ ٌُ ْم َمب أَ ْو َفمُُا ۚ ََ ََل ُخىَب َذ َع ٍَ ْٕ ُى ْم أَ ْن حَ ْى ِى ُسُ ٌُ َّه إِرَا آحَ ْٕخُ ُمُ ٌُ َّه أُ ُخُ َس ٌُ َّه ۚ ََ ََل حُ ْم ِس ُىُا بِ ِع َص ِم ا ٌْ َى َُافِ ِش ََا ْسؤٌَُُا َمب أَ ْو َف ْمخُ ْم ََ ٌَْٕ ْسؤٌَُُا َمب أَ ْو َفمُُا ۚ رَ ٌِ ُى ْم ُز ْى ُم ََّّللاِ ۖ َٔ ْس ُى ُم بَ ْٕىَ ُى ْم ۚ ََ ََّّللاُ َع ٍِٕ ٌمم َز ِىٕ ٌمم O you who believers, when believing women (abandon the enemy and) ask for asylum with you, you shall test them.
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  • Islamic Marriage Contracts in American Courts: Interpreting Mahr Agreements As Prenuptials and Their Effect on Muslim Women
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